Reconsideration of a negative determination.

CFR · 2024-01-01 · US · Title 5

(a) When an agency head, or his or her designee, issues a negative determination the following procedures are established in accordance with section 5335(c) of title 5, United States Code for reconsideration of the negative determination: (1) An employee or an employee's personal representative may request reconsideration of a negative determination by filing, not more than 15 days after receiving notice of determination, a written response to the negative determination setting forth the reasons the agency shall reconsider the determination; (2) When an employee files a request for reconsideration, the agency shall establish an employee reconsideration file which shall contain all pertinent documents relating to the negative determination and the request for reconsideration, including copies of the following: (i) The written negative determination and the basis therefore; (ii) The employee's written request for reconsideration; (iii) The report of investigation when an investigation is made; (iv) The written summary or transcript of any personal presentation made; and (v) The agency's decision on the request for reconsideration. (3) An employee in a duty status shall be granted a reasonable amount of official time to review the material relied upon to support the negative determination and to prepare a response to the determination; and (4) The agency shall provide the employee with a prompt written final decision. (b) The time limit to request a reconsideration may be extend

official document · source cfr-2024 · id 5:§ 531.410